A Guide to Nevada Prostitution & Solicitation Laws

by Las Vegas Criminal Defense Lawyers

Our Las Vegas Nevada criminal defense lawyers have enjoyed great success in getting our clients’ prostitution and solicitation charges dismissed without jail-time or permanent criminal records.

We practice throughout Clark, Nye and Washoe Counties, including Henderson, North Las Vegas, Mesquite, Boulder City, Laughlin, Reno, Pahrump, and elsewhere in Nevada.

Contrary to popular belief, trading sex for money is not legal in Las Vegas. Prostitution is permitted only in the few licensed brothels located in Nevada’s most rural counties.

This article will discuss the definition, penalties, defenses, sealing records, and other aspects of Nevada prostitution and solicitation law:

1) Overview of Prostitution and Solicitation laws in Nevada (NRS 201.354)

2) How Nevada police arrest you for Prostitution or "Solicitation of prostitution" under NRS 201.354

3) How Nevada prosecutors try to prove you guilty of Prostitution, "Solicitation of Prostitution" or Loitering.

4) How to fight Nevada Prostitution and Solicitation charges

5) Penalties, Punishment, Sentencing and Pleas for prostitution and Solicitation in Nevada

6) Sealing Criminal Records for Solicitation and Prostitution in Nevada

7) Legal Prostitution in Nevada (Licensed Brothels)

8) How the crime of Prostitution under California law differs from Nevada

9) How Prostitution or Solicitation charges affect Immigration Status in Nevada

10) Crimes related to Prostitution in Nevada

11) Additional Resources

Our Las Vegas Nevada criminal defense attorneys are committed to resolving your Nevada solicitation and prostitution cases so you don’t do jail time. Moreover, we want to keep the embarrassment of a prostitution conviction off your record altogether.

Call us at 702-DEFENSE (333-3673) for a free phone consultation so we can help make your charges go away.

1) Overview of Prostitution and "Solicitation of Prostitution" laws in Nevada (NRS 201.354)

Prostitution and the solicitation of prostitution are illegal throughout Las Vegas, Clark County, Reno and much of Nevada.¹ Furthermore, both the alleged prostitute and customer can be arrested and punished equally for it.²

Definition of Prostitution in Nevada

Prostitution (commonly called "hooking") in Las Vegas is the act of trading sexual favors for a fee. As Henderson NV criminal defense attorney Michael Becker explains, the exchange does not have to involve penetration or cash to be considered prostitution:³

"I’ve seen prostitution cases where the only sex act the customer bought was ‘copping a feel,’ and where the customer paid with drugs or other valuables instead of money . . .

So if the Las Vegas Metropolitan Police Department suspects that any sexual favor is bought with anything of monetary value, they can make an arrest and book you at the Clark County Detention Center."

Definition of Solicitation in Nevada

Solicitation of prostitution in Las Vegas means offering or agreeing to engage in prostitution—in other words, attempted prostitution. Even if the exchange of sex for money never ultimately takes place, solicitation is just as illegal as the act of prostitution itself.

Furthermore, you don’t have to genuinely intend to trade money for sex in order to be found guilty of solicitation: Merely asking or accepting an offer to trade sex for a fee qualifies as breaking Nevada solicitation law.⁴

Many solicitation arrests occur after a cop supposedly witnesses someone on a Las Vegas street corner or in a casino verbally agreeing to commit prostitution. But modern technology allows solicitation to occur in many other different ways as well:

Henderson NV criminal defense attorney Michael Becker has defended solicitation cases where the alleged deal was struck over the phone, online, or through ads. Sometimes the suspects even used code language to broker the terms, such as "party" instead of "sex."

Summary of Nevada Prostitution Penalties

Prostitution and solicitation are misdemeanor criminal offenses in Nevada. The maximum punishment is six months in jail and a $1,000 fine,⁵ but first-time offenders are rarely sentenced to either.

Clark County judges can also order alleged customers (commonly called "johns") to attend a prostitution education class, or "John School." In return, the prosecutor will usually agree to dismiss the case or reduce the charge and penalties.⁶

Prostitution can be practiced lawfully only in a few licensed brothels in some of the state’s less populated counties. It’s illegal throughout Clark County and Washoe County, including Las Vegas and Reno.

2) How Nevada police arrest you for Prostitution or "Solicitation of Prostitution" under NRS 201.354

One of the most unfair aspects about Nevada police is that they often disguise themselves as prostitutes or "johns." They do this in order to trick suspected sex workers or customers into soliciting prostitution so they can then arrest them.

Prostitution stings in Nevada

A significant number of staged solicitation arrests in Nevada result from undercover vice squad sting operations at major casinos such as the Bellagio, Mandalay Bay and Wynn, and even off the Strip such as at the Freemont Street Experience:

Female undercover decoy officers pose as prostitutes in bars, lounges, nightclubs and "gentleman’s clubs." Once unsuspecting "johns" allegedly offer or agree to pay them money for sex, the officers reveal their identity and arrest them under NRS 201.354.

Male officers go undercover as well: Since escort services, strip clubs, massage parlors and Craigslist’s "adult services" in Nevada are often fronts for prostitution, cops pose as "johns" in attempt to catch an alleged prostitute soliciting sex for money.

These police prostitution stings are unfortunately legal, but defendants may raise the "entrapment" defense in court if it’s clear the defendant was not predisposed to solicitation and that the cop’s actions went too far.

3) How Nevada prosecutors try to prove you guilty of Prostitution, "Solicitation of Prostitution" or Loitering

Prostitution and Solicitation

Prosecutors must prove beyond a reasonable doubt that you traded sex for money or that you offered or agreed to trade sex for money before you can be found guilty of prostitution or solicitation in Nevada.

Since arresting officers rarely videotape the alleged crimes taking place, Nevada prosecutors rely on "circumstantial evidence" to try to prove guilt. The following are some examples of typical evidence the state may present in solicitation cases:

• if the alleged prostitute in the case had a client book, large amounts of cash, and/or condoms with her



• if the alleged customer in the case had large amounts of cash and/or condoms with him



• if the arresting officer witnessed money or other valuables (such as drugs) changing hands



• if the arresting officer heard the alleged prostitute and customer agreeing to exchange sexual favors for a fee



• if the alleged prostitute is wearing sexually provocative attire



• if the arresting officer sees the alleged prostitute and customer driving to an agreed-upon location

Even suggestive gestures the defendant allegedly made might be introduced as evidence of solicitation in Nevada cases. However, they’re usually insufficient to prove guilt beyond a reasonable doubt unless more corroborating facts are presented.⁷

Loitering for the purposes of soliciting prostitution in Nevada

A common prostitution-related misdemeanor is "loitering." In Clark County, loitering is defined as remaining or wandering around a public place and repeatedly interrupting foot or street traffic for the purpose of soliciting prostitution.⁸

As with prostitution and soliciting, typical evidence the Clark County District Attorney’s Office presents to prove a loitering charge is how the prostitute dressed, what she said to passerbyers, and whether the location was a place where solicitation routinely occurs.

"As you can see, prosecutors attempt to spin innocent facts like how you’re dressed as incriminating evidence," Mesquite NV criminal defense attorney Neil Shouse asserts. "That is partly why so many solicitation and loitering charges get dismissed."

4) How to fight Nevada Prostitution and Solicitation charges

Getting arrested for prostitution does not necessarily mean you’ll be convicted. A good Nevada criminal defense attorney investigates the evidence and attacks the state’s arguments so as to convince the prosecutor to dismiss your charges or reduce them to lesser offenses.

This section summarizes common prostitution defenses, including entrapment, lack of evidence/ insufficient evidence, and mistake. Then it discusses how prostitution charges may be pled down to the minor offenses of Nevada Trespass and Disorderly Conduct.

Entrapment Defense in Nevada

Definition of Entrapment

Entrapment is when Nevada police unfairly entices you to engage in criminal activity that you otherwise would not have participated in.⁹ If your criminal defense lawyer can show prosecutors you were the victim of entrapment, the state should dismiss the case.¹⁰

"In my opinion," says Mesquite NV criminal defense attorney Neil Shouse, "every prostitution sting involving undercover officers is blatant entrapment. But, unfortunately, these kinds of covert operations are frequently deemed to be lawful."

However, it still may be possible to show Nevada courts that the police crossed the line and wrongfully tricked you to solicit prostitution when you didn’t want to and wouldn’t normally have done it.¹¹

Entrapment as an affirmative defense

Entrapment is an "affirmative defense" in Nevada. This means that you and your attorney bear the initial burden of producing evidence that the police instigated the crime:¹²

If you and your attorney can demonstrate that the undercover officer was the one that started the conversation and suggested the solicitation, then the burden shifts over to the Nevada prosecutors to show that you were predisposed to commit solicitation anyway.

In order to show your predisposition to commit solicitation in Nevada, the prosecution may try to introduce evidence of your past behavior.¹³ But if you have no history of soliciting or related crimes, then chances are decent that your charges will be dropped.

Lack of Evidence/ Insufficient Evidence Defense in Nevada

The most effective defense for fighting prostitution charges in Las Vegas is to maintain lack of evidence or insufficient evidence. Oftentimes the state’s evidence fails to meet the court’s "proof beyond a reasonable doubt" threshold or is simply too vague to count:

Proof beyond a reasonable doubt

The prosecution has the burden to prove beyond a reasonable doubt that you violated Nevada prostitution law. But oftentimes the only evidence that the prosecution has that you solicited prostitution is the police report.

If no witnesses can back up the cop's story, a Nevada jury may be unwilling to convict. And since police have the capability to "wire" themselves, juries may be suspicious of cops who didn’t use available technology to document the alleged solicitation.

Overt solicitation

Nevada prostitution laws require that solicitation be "overt" in order to be criminal.¹⁴ So a good criminal defense attorney can argue that any offer or agreement you may have made was too unclear and ambiguous to be solicitation or that it was meant to be a joke.

Your Nevada criminal defense attorney can also try to argue that your agreement lacked "contract consideration:" Perhaps you agreed to have sex but money wasn’t involved, or perhaps you just agreed to lend money for reasons unrelated to the sex.

A criminal defense attorney’s job is twofold: 1) to raise every possible argument that the state’s evidence is invalid or too spurious to justify a conviction, and 2) to marshal exculpatory evidence (facts suggesting your innocence) to combat the state’s arguments.

If your Las Vegas criminal defense attorney can show that the state’s case suffers from insufficient evidence or lack of evidence, the prosecutor will be more inclined to dismiss your case.

Mistake

The Nevada legal defense of mistake applies if you never intended to commit solicitation or prostitution. As long as you never agreed to trade sex for fees, you shouldn’t be convicted even if the other party believed that there was an agreement. For example,

John goes into a North Las Vegas massage parlor because he wants a back rub, and he pays up front for it. Unaware that the parlor is a facade for a brothel, John’s stunned when his masseuse begins to perform sexual favors on him.

Here, John should not be convicted of prostitution in North Las Vegas because he had no intention of trading sex for money and genuinely believed that the money he paid was for only a legitimate back massage.

Similarly, customers calling a Las Vegas escort service looking only for a date to an event shouldn’t be prosecuted for prostitution just because the escort assumes that the customer also wanted sexual favors.

In sum, the defense of mistake can be very effective if your Nevada criminal defense attorney can show that you made no overt agreement to trade sex for a fee.

Nevada Trespass and Clark County Disorderly Conduct

Our first and primary goal is always to try to secure the dismissal of your criminal charges. But sometimes the farthest a prosecutor will go is to negotiate down your charges to lesser crimes, especially if you already have an extensive criminal history.

The two most common crimes that prostitution charges are reduced to are Nevada trespass and Clark County disorderly conduct:¹⁵

Nevada Trespass laws make it illegal to go or stay on another’s property without permission or against the owner’s will. Police often cite alleged prostitutes for trespassing on casino property, where solicitation frequently takes place.

Disorderly Conduct is a highly subjective "catch all" offense for disruptive outbursts. It’s what Harvard professor Henry Louis Gates, Jr., was arrested for in Cambridge after allegedly yelling at a cop.

Both trespass and disorderly conduct are vague crimes without the stigma of prostitution. Having them on your record isn’t as damning as a Nevada solicitation charge, and you should be able to get your record sealed within two years of the plea deal anyway.

5) Penalties, Punishment, Sentencing and Pleas for Prostitution and Solicitation in Nevada

This section details the possible penalties a Nevada solicitation conviction carries as well as the typical plea deals a good criminal defense attorney can negotiate for you. We also discuss the jail-alternative of "John School" and how prostitution may become a felony.

Penalties for prostitution & solicitation convictions in Nevada

Prostitution and solicitation are charged as misdemeanors under Nevada law (NRS 201.354), which is the least serious class of crime other than traffic tickets. People convicted of prostitution face:

• fines of up to $1,000, and/or



• a maximum six months in jail.¹⁶

Judges tend to hand down harsher sentences to alleged hookers than to alleged johns. This is because prostitutes are often repeat-offenders with lengthy criminal records, while johns typically seek out prostitutes rarely and may have never been arrested before.¹⁷

Plea Deals for Prostitution: Terms leading to dismissals or reductions of prostitution charges in Nevada

If you were arrested in Las Vegas for prostitution or solicitation for the first time, your criminal defense attorney should be able to convince the prosecutor to dismiss your case as long as you first perform the following penalties as part of your plea deal:

• Pay a $250 fine or perform 25 hours of community service (many prosecutors require alleged prostitutes to do community service because they don’t want them to use their prostitution earnings to pay the fine)



• Complete an AIDS Awareness class or a prostitution education class ("John School")



• Not get arrested again until the plea deal terms are completed (this is called "stay out of trouble," or SOOT)

First Offender Prostitution Program (FOPP), a.k.a. "John School"

Alleged customers of prostitutes ("johns") are usually ordered to complete a prostitution education program as part of a plea bargain to have their Nevada solicitation charges dismissed or amended. (Alleged prostitutes usually take AIDS awareness classes instead.)

Created in 1997 for first-time offenders in Las Vegas, this prostitution education course is named "First Offender Prostitution Program." Commonly called "John School," this program serves to educate about the health and societal dangers inherent in prostitution.

John School is an all-day course and costs about $450. It’s seen as a more effective alternative to jail time in the Clark County Detention Center because it’s designed to persuade men to make safer lifestyle choices for their future.¹⁸

There is no "John School" equivalent for alleged prostitutes in Clark County Justice Court. However, Reno Municipal Court in Washoe County has instituted a "prostitution court" program to help guide prostitutes out of a life of sex work.¹⁹

Vice Enforcement Top Offenders (VETO) cracks down on repeat offenders in Las Vegas

Unlike many Nevada laws, the prostitution statute (NRS 201.354) does not explicitly mandate tougher penalties for repeat offenders. However, prosecutors are less willing to negotiate down charges for repeat offenders.

Las Vegas Metro’s Vice Detectives recently drew up a most-wanted list called VETO (short for "Vice Enforcement Top Offenders) that includes names of all the women most frequently arrested for prostitution (sometimes more than 100 times):

The Las Vegas City Attorney’s Office actively tries to achieve full-out solicitation convictions in many of these VETO cases. But prosecutors do offer some VETO defendants the following plea bargain:

• a suspended sentence,



• one hundred (100) hours of community service,



• an AIDS awareness class, and



• an order to refrain from entering casinos for several months.²⁰

Public response to the VETO initiative has been mixed. Detractors say authorities should be more concerned with arresting pimps than with clogging the Clark County courts with prostitutes, who are the real victims.

Penalties for prostitution if you have HIV (NRS 201.358)

Prostitution turns from a misdemeanor into a category B felony in Nevada if you solicit prostitution after you’ve already tested positive for HIV and were given notice of the test results. Penalties include the following:

• two to ten years imprisonment, and/or



• a $10,000 fine.²¹

Similar to how people arrested for Nevada DUI have to submit to a breath or blood test, anyone arrested for soliciting or engaging in prostitution must submit to an AIDS test. (And if they’re later convicted of prostitution, they have to pay a $100 test fee as well.)

If the HIV-test results are positive, the state has to mail them (certified) to the arrestee’s address or hand-deliver them if the arrestee is in custody. The arrestee is then ordered to appear in the Nevada court within 45 days to say they’re aware of the results.²²

These Nevada court records and any other incriminating evidence will then be used against them if they’re ever again arrested for prostitution.²³ From then on, subsequent prostitution charges will be brought as felonies.

Penalties for prostitution with children

In 2009, the state legislature passed Nevada Assembly Bill 238, which turns prostitution from a misdemeanor into a category E felony if it allegedly involves a child.²⁴ The sentence includes the following:

• one to four years in prison (which may be probationable if the child is old enough),



• and maybe a $5,000 fine.

Depending on the circumstances, people suspected of violating NRS 201.354 with a child may also be charged with other crimes. These include lewdness with a child under 14 or statutory sexual assault, and the defendant may have to register as a sex offender.

Related sites:

• City of Las Vegas’s official FOPP site



• Las Vegas Review-Journal article on John Schools



• Las Vegas Review-Journal article on VETO

6) Sealing Nevada Criminal Records for Solicitation and Prostitution

Having a solicitation conviction on your record is not only embarrassing and socially stigmatizing, it can cause potential employers to decide not to hire you.

Since prostitution is only a misdemeanor crime in Nevada, it may be possible to seal your Nevada criminal record as soon as two (2) years after you were released from custody or your suspended sentenced has ended.

But if you were convicted of prostitution while knowing you were HIV-positive, your record may not be sealed until seven (7) years after your probation ends. And if the prostitution involved a child, it might not be possible to get the record sealed at all.²⁵

Refer to our article on Sealing Nevada criminal records to learn more about how you can make your criminal history invisible.

7) Legal Prostitution in Nevada (Licensed Brothels)

Nevada is the only state that allows some form of legal prostitution, but it’s heavily regulated by state and local government.²⁶ Currently, legal prostitution is restricted to a few licensed brothels in the state’s more rural counties.

Local government determines legality

State law automatically prohibits prostitution in counties with 400,000 or more residents, thus disqualifying Clark County (including Las Vegas).²⁷ Meanwhile, the local governments of Douglas, Lincoln, and Washoe Counties and Carson City have banned prostitution as well.²⁸

Strict rules and regulations

In the remaining twelve Nevada counties that have not prohibited prostitution, the practice may take place only in licensed brothels that follow strict rules.²⁹ For instance, all the prostitutes must submit to regular HIV and STD testing³⁰ and use condoms.³¹

Furthermore, licensed brothels in Nevada cannot be located close to a school or a church³² or on a principal street.³³ Nor can brothels be advertised in counties that prohibit prostitution.³⁴

Perhaps most importantly, the sex workers employed at brothels must be employed there by their own free will.³⁵ They have to be legal adults, apply for work cards like any hotel or casino worker would, and be paid fair wages for their services.³⁶

Brothel prostitution today

Currently, there’re about two-dozen brothels operating throughout eight Nevada counties.³⁷ And recently, state law has been changed to allow male prostitutes to work in licensed brothels as well.³⁸

8) How the crime of Prostitution under California law differs from Nevada

The crime of prostitution under California law is similar to Nevada’s in that they’re both punished as misdemeanors. However, California’s definition of solicitation and how its sentences are handed down are more complex:³⁹

California definition of solicitation

Nevada solicitation is a general intent crime, which means courts may convict suspects of solicitation as long as the state proves that they offered or agreed to exchange money for sex. It does not matter whether they intended to go through with the transaction or not!40

In contrast, solicitation in California is a specific intent crime. So in order to be convicted of solicitation, the district attorney must prove that the suspect actually intended to go through with the sexual act.⁴¹

And whereas Nevada considers the acts of offering to engage in prostitution and agreeing to engage in prostitution as one in the same, California separates them out into distinct crimes:⁴²

In order for a suspect to be convicted of "agreeing to engage in prostitution" in California, the prosecutor must show that the suspect performed some "act in furtherance" of the prostitution, such as paying money.⁴³

California penalties for prostitution

Similar to Nevada, prostitution offenses in California are misdemeanors. But unlike Nevada, prostitution in California is a prioriable crime—this means that penalties increase with each successive offense.

A first-time conviction of prostitution in California carries typical misdemeanor penalties of up to 6 months in jail and/or up to a $1,000 fine.⁴⁴ But a second offense brings forty-five (45) days in jail, and a third offense may bring a minimum of ninety (90) days.⁴⁵

And if the solicitation allegedly occurred in the suspect’s car and within 1,000 feet of a residence, the California court may suspend the suspect’s license for up to a month or give him/her a restricted license for 6 months.⁴⁶ In LA, the vehicle may even be seized!⁴⁷

9) How Prostitution or Solicitation charges affect Immigration Status in Nevada

Despite that brothel prostitution is legal in some Nevada counties as well as several foreign countries, U.S. immigration courts take solicitation of prostitution charges very seriously:

If you're an undocumented alien suspected of prostitution-related crimes, you may not be allowed into the U.S. because they’re considered "inadmissible offenses in Nevada."⁴⁸

Solicitation may also be considered one of the many "crimes involving moral turpitude in Nevada," which means that legal aliens convicted of it can be deported from the U.S.⁴⁹

Please refer to our articles on inadmissible offenses in Nevada and crimes involving moral turpitude in Nevada for more information about the criminal defense of immigrants in Nevada.

It’s vital that immigrants and non-citizens retain legal counsel who’s familiar with immigration law for their criminal case to help ensure that they can stay on American soil.

10) Crimes related to Prostitution in Nevada

Depending on the alleged circumstances of your arrest, the state may charge you with various Nevada crimes in addition to or instead of solicitation. For example, if an act of prostitution ever ceases to be consensual, the "john" may be charged with rape as well.

The following is a list of just some of the Nevada criminal offenses that are frequently associated with NRS 201.354. Click on the links to read our informational articles on those individual crimes.

Nevada Open and Gross Lewdness Laws | NRS 201.210

Nevada open and gross lewdness laws usually involve exposing one’s body or having sex in public. You may be arrested for this felony in place of solicitation if the police catch you in a sexual act in public but they lack evidence that money was exchanged for it.⁵⁰

Nevada Indecent Exposure Laws | NRS 201.220

Nevada indecent exposure laws prohibit the "open and indecent or obscene exposure" of one’s body. Police often arrest suspected prostitutes or johns for this gross misdemeanor if they "flash" or make other suggestive gestures while soliciting prostitution.⁵¹

Nevada Pimping and Pandering Laws | NRS 201.300

Pandering (also called "pimping,") is a more serious crime than prostitution. Convictions for breaking Nevada pimping and pandering laws carry felony sentences of several years in prison, especially if it involved children or physical force.⁵²

Crime of trespass under Nevada law / Las Vegas Trespassing Laws | NRS 207.200

The crime of trespass under Nevada law is a lesser offense that a solicitation charge may be pled down to. Las Vegas trespassing laws make it a misdemeanor to go onto another’s property or refuse to leave the premises after having been asked to do so.⁵³

Disorderly Conduct in Clark County | CCO 12.33.010

Disorderly conduct in Clark County is a crime that a solicitation charge may be reduced to as part of a plea bargain. Disorderly conduct is a vague "catch all" allegation that you’ve breached the peace somehow, usually by fighting or using obscene language.⁵⁴

Nevada Sexual Assault Laws | NRS 200.366

Suspected johns may be arrested both for prostitution and for breaking Nevada sexual assault laws in situations where the sex becomes nonconsensual. Rape laws are much harsher than prostitution laws, with convictions potentially carrying years in prison.⁵⁵

Crime of lewdness with a child under 14 in Nevada | NRS 201.230

If the prostitute is very young, then the alleged john may also be charged with the crime of lewdness with a child under 14 in Nevada. It outlaws any lewd act upon the child’s body for sexual gratification. Penalties can be steep, including life in prison.⁵⁶

Nevada Statutory Rape / Sexual Seduction Laws | NRS 200.368

A john may be charged with statutory rape (also called statutory sexual seduction) if the alleged prostitute was a minor. Depending on the defendant’s age, Nevada statutory rape / sexual seduction laws may be charged as either a gross misdemeanor or felony.⁵⁷

Nevada Robbery Laws | NRS 200.380

Nevada robbery laws usually come into play when the alleged prostitute "trick-rolls" the john, meaning she steals money from him that was not part of their original solicitation agreement. Robbery is a serious felony, potentially carrying years of imprisonment.⁵⁸

Getting arrested does NOT mean guilt. Nevada prosecutors have to prove each element of these crimes beyond a reasonable doubt before you can be convicted, and a criminal defense lawyer can help plead charges down to lesser crimes with less stringent penalties.

11) Additional Resources

The Sex Workers Project (SWP) – This organization offers legal services and training as well as advocates for sex workers’ rights.

Sex Workers Outreach Project (SWOP) – This organization is a multi-state anti-violence campaign that addresses the violence sex workers endure because of their criminal status.

Project Bayswan – This organization provides information about sex workers’ rights and advocates for sex workers.

North American Task Force on Prostitution (NTFP) – This national organization champions the rights of sex workers.

ECPAT USA – This national organization works to stop child prostitution.

Desiree Alliance – Based in Henderson, Nevada, this sex worker-led organization works in harm reduction, political advocacy and health services for sex workers.

Have YOU been arrested for violating NRS 201.354—solicitation or prostitution—in Nevada?

Then our Las Vegas criminal defense attorneys will work tirelessly to fix everything so that you do no jail time and pay the minimum fines, if any. And if you’re currently in jail, we can guide you through the Las Vegas bail process as well.⁵⁹

Whether you’re innocent and have been wrongly accused of solicitation, or whether you just made a mistake, our Nevada criminal defense attorneys have an excellent record of achieving dismissals or reductions of our clients’ solicitation and prostitution charges.

Call us at 702-DEFENSE (333-3673) for a free consultation on your case today. We defend against every kind of criminal charge, including traffic tickets and Nevada DUI to drug crimes and violent felonies.

Legal References:

¹CCO 12.08.015 (Clark County, Nevada, Code) – Prostitution unlawful
   It is unlawful for any person to commit an act of prostitution.

²NRS 201.354 Engaging in prostitution or solicitation for prostitution: Penalty; exception.

1. It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.
2. Except as otherwise provided in subsection 3, any person who violates subsection 1 is guilty of a misdemeanor.
3. A person who violates subsection 1 by soliciting a child for prostitution is guilty of a category E felony and shall be punished as provided in NRS 193.130.

³NRS 201.295 Definitions. As used in NRS 201.295 to 201.440, inclusive, unless the context otherwise requires:

1. "Adult" means a person 18 years of age or older.
2. "Child" means a person less than 18 years of age.
3. "Prostitute" means a male or female person who for a fee engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.
4. "Prostitution" means engaging in sexual conduct for a fee.
5. "Sexual conduct" means any of the acts enumerated in subsection 3.

⁴Glegola v. State, 110 Nev. 344, 348, 871 P.2d 950, 952 (1994) ("After reviewing other state statutes, reviewing ordinances from counties within the state, and inferring the legislature's intent, we conclude that solicitation for prostitution is a general intent crime. A person commits the crime of solicitation for prostitution if the person offers, agrees, or arranges to provide sexual conduct for a fee.").

⁵NRS 193.150 Punishment of misdemeanors

1. Every person convicted of a misdemeanor shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such misdemeanor prescribed a different penalty.
2. In lieu of all or a part of the punishment which may be imposed pursuant to subsection 1, the convicted person may be sentenced to perform a fixed period of community service pursuant to the conditions prescribed in NRS 176.087.

⁶Abigail Goldman, "‘John School’ teaches men the uglier facts of life: Vegas police hope horrors of prostitution will scare them off," Las Vegas Sun (Jan 6, 2008).

⁷CCO 12.08.020 (Clark County, Nevada, Code) – Accosting and soliciting unlawful

   It is unlawful for any person to accost, solicit or invite another in any public place or in or from any building or vehicle by word, gesture, publication or any other means to commit, offer, agree to afford an opportunity to commit an act of prostitution.

⁸Whereas the crimes of prostitution and solicitation are prohibited by Nevada state law, loitering is outlawed by individual county ordinance. For example:
 CCO 12.08.030 (Clark County, Nevada, Code) – Loitering for the purpose of soliciting unlawful.
   It is unlawful for any person to remain or wander about in a public place and repeatedly beckon to, or repeatedly stop, or repeatedly attempt to stop, or repeatedly attempt to engage passers-by in conversation, or repeatedly stop or attempt to stop motor vehicles, or repeatedly interfere with the free passage of other persons, for the purpose of prostitution, or of patronizing a prostitute.

⁹Definition of entrapment from law.com: in criminal law, the act of law enforcement officers or government agents inducing or encouraging a person to commit a crime when the potential criminal expresses a desire not to go ahead. The key to entrapment is whether the idea for the commission or encouragement of the criminal act originated with the police or government agents instead of with the "criminal." Entrapment, if proved, is a defense to a criminal prosecution. The accused often claims entrapment in so-called "stings" in which undercover agents buy or sell narcotics, prostitutes' services or arrange to purchase goods believed to be stolen.

¹⁰Foster v. State, 116 Nev. 1088, 1092-1093, 13 P.3d 61, 64 (2000) ("The entrapment defense is made available to defendants not to excuse their criminal wrongdoing but as a prophylactic device designed to prevent police misconduct. ‘The function of law enforcement is the prevention of crime and the apprehension of criminals. Manifestly, that function does not include the manufacturing of crime.’").

¹¹Foster v. State, 116 Nev. 1088, 1095-1096, 13 P.3d 61, 66 (2000) ("Therefore, we hold that when a defendant raises the entrapment defense at trial, evidence of a prior crime may be admitted to show that the defendant was predisposed to commit the instant offense where: (1) the other crime is of a similar character to the offense on which the defendant is being tried; (2) the other crime is not too remote in time from the offense charged; and (3) the probative value of the other crime is not substantially outweighed by the danger of unfair prejudice.").

¹²Foster v. State, 116 Nev. 1088, 1091, 13 P.3d 61, 63 (2000) ("As we have often recognized, entrapment is an affirmative defense . . . The defendant bears the burden of producing evidence of governmental instigation. See id. Once the defendant puts forth evidence of governmental instigation, the State bears the burden of proving that the defendant was predisposed to commit the crime.").

¹³ Foster v. State, 116 Nev. 1088, 1094, 13 P.3d 61, 65 (2000) ("When a defendant raises the defense of entrapment, he places his predisposition to commit the crime in issue.").

¹⁴Dinitz v. Christensen, 94 Nev. 230, 234, 577 P.2d 873, 875 (1978) ("The legislative purpose in proscribing solicitation for prostitution is to eliminate this type crime. The crime requires overt solicitation for purposes of prostitution.").

¹⁵CCO 12.33.010 (Clark County, Nevada, Code) - Disorderly conduct.

   It is unlawful for any person to engage in any of the following acts of disorderly conduct:
   (a) Participate in a fight;
   (b) Challenge another person to fight;
   (c) Use profane, indecent or obscene language in addressing another person;
   (d) Commit a breach of the peace;
   (e) Incite a disturbance;
   (f) Interfere with, annoy, accost or harass any other person which conduct by its nature would tend to incite a disturbance.

¹⁶NRS 193.150 Punishment of misdemeanors.

1. Every person convicted of a misdemeanor shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such misdemeanor prescribed a different penalty.
2. In lieu of all or a part of the punishment which may be imposed pursuant to subsection 1, the convicted person may be sentenced to perform a fixed period of community service pursuant to the conditions prescribed in NRS 176.087.

¹⁷Salaiscooper v. Eighth Judicial Dist. Court ex rel. County of Clark, 117 Nev. 892, 904-905, 34 P.3d 509, 517 - 518 (2001) ("Because the State presented evidence that the purpose of the policy's buyer/seller distinction was to deter acts of prostitution, the justice court's findings that the policy did not run afoul of the Equal Protection Clause is supported by substantial evidence. People v. Superior Court of Alameda County, 19 Cal.3d 338, 138 Cal.Rptr. 66, 562 P.2d 1315, 1320 (1977). Other jurisdictions have reached an analogous conclusion, holding that it is constitutionally permissible to treat prostitutes differently than the customers who patronize them.").

¹⁸Abigail Goldman, "‘John School’ teaches men the uglier facts of life: Vegas police hope horrors of prostitution will scare them off," Las Vegas Sun (Jan 6, 2008).

¹⁹Terri Russell, Court Created for Local Prostitutes, KOLOTV.com (January 5, 2010).

²⁰Alan Maimon, Vice Enforcement’s Top Offenders: Police are taking unprecedented steps to keep prostitution offenders off the Strip, Las Vegas Review Journal (February 15, 2009).

²¹NRS 201.358 Engaging in prostitution or solicitation for prostitution after testing positive for exposure to human immunodeficiency virus: Penalty; definition.

1. A person who:

   (a) Violates NRS 201.354; or
   (b) Works as a prostitute in a licensed house of prostitution,

Ê after testing positive in a test approved by the State Board of Health for exposure to the human immunodeficiency virus and receiving notice of that fact is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

2. As used in this section, "notice" means:

   (a) Actual notice; or
   (b) Notice received pursuant to NRS 201.356.

²²NRS 201.356 Test for exposure to human immunodeficiency virus required; payment of costs; notification of results of test.

1. Any person who is arrested for a violation of NRS 201.354 must submit to a test, approved by regulation of the State Board of Health, to detect exposure to the human immunodeficiency virus. The State Board of Health shall not approve a test for use that does not provide the arresting law enforcement agency with the results of the test within 30 days after a person submits to the test. If the person is convicted of a violation of NRS 201.354, he shall pay the sum of $100 for the cost of the test.
2. The person performing the test shall immediately transmit the results of the test to the arresting law enforcement agency. If the results of the test are negative, the agency shall inform the court of that fact. If the results of the test are positive, the agency shall upon receipt:

   (a) Mail the results by certified mail, return receipt requested, to the person arrested at his last known address and place the returned receipt in the agency’s file; or
   (b) If the person arrested is in the custody of the agency, personally deliver the results to him and place an affidavit of service in the agency’s file.

Ê If before receiving the results pursuant to this subsection, the person arrested requests the agency to inform him of the results and the agency has received those results, the agency shall deliver the results to him, whether positive or negative, and place an affidavit of service in the agency’s file.

3. The court shall, when the person arrested is arraigned, order the person to reappear before the court 45 days after the arraignment to determine whether the person has received the results of the test. The court shall inform the person that his failure to appear at the appointed time will result in the issuance of a bench warrant, unless the order is rescinded pursuant to this subsection. If the court is informed by the agency that the results of the person’s test were negative, the court clerk shall rescind the order for his reappearance and so notify the person. If, upon receiving notice from the agency that the results of the test were positive, the person notifies the court clerk in writing that he has received the results, the clerk shall inform the court and rescind the order for his reappearance for that determination.
4. The court shall, upon the person’s reappearance ordered pursuant to subsection 3, ask him whether he has received the results of the test. If the person answers that he has received them, the court shall note his answer in the court records. If the person answers that he has not received them, the court shall have the results delivered to him and direct that an affidavit of service be placed in the agency’s file.
5. If the person does not reappear as ordered and has not notified the court clerk of his receipt of the results of the test in the manner set forth in subsection 3, the court shall cause a bench warrant to be issued and that person arrested and brought before the court as upon contempt. The court shall also proceed in the manner set forth in subsection 4 to ensure that the person receives the results of the test.

²³Glegola v. State, 110 Nev. 344, 348, 871 P.2d 950, 953 (1994) ("Our review of the record on appeal reveals sufficient evidence to establish guilt beyond a reasonable doubt as determined by a rational trier of fact. See Wilkins v. State, 96 Nev. 367, 609 P.2d 309 (1980). In particular, Officer Blair testified that appellant offered to perform sexual acts in exchange for money. Several witnesses testified that appellant had knowledge of her HIV positive status. The jury could reasonably infer from the evidence presented that appellant committed the crime of solicitation for prostitution after notice of testing positive for HIV.").

²⁴Nevada Assembly Bill AB238: Amendments in italics to NRS 201.354 as of October, 2009:

1. It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.
2. [Any] Except as otherwise provided in subsection 3, a person who violates subsection 1 is guilty of a misdemeanor.
3. A person who violates subsection 1 by soliciting a child for prostitution is guilty of a category E felony and shall be punished as provided in NRS 193.130.

²⁵NRS 179.245 Sealing records after conviction: Persons eligible; petition; notice; hearing; order.

1. Except as otherwise provided in subsection 5 and NRS 176A.265, 179.259 and 453.3365, a person may petition the court in which he was convicted for the sealing of all records relating to a conviction of:

   (a) A category A or B felony after 15 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;
   (b) A category C or D felony after 12 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;
   (c) A category E felony after 7 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;
   (d) Any gross misdemeanor after 7 years from the date of his release from actual custody or discharge from probation, whichever occurs later;
   (e) A violation of NRS 484.379 or 484.379778 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later; or
   (f) Any other misdemeanor after 2 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later . . .

2. A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

²⁶Princess Sea Industries, Inc. v. State, Clark County, 97 Nev. 534, 537, 635 P.2d 281, 283 (1981) ("Prostitution is an activity which the State of Nevada may choose either to regulate or to prohibit entirely.").

Kuban v. McGimsey, 96 Nev. 105, 111, 605 P.2d 623, 627 (1980) ("The nature of the businesses [houses of prostitution], coupled with the burden of policing and regulation upon the county, are alone sufficient reasons for limiting the number of such businesses or, as here, the complete proscription of the businesses.").

State v. Eighth Judicial Dist. Court of State of Nev. In and For Clark County, 99 Nev. 614, 616, 668 P.2d 282, 283 (1983) ("It is generally accepted that while the Due Process Clause does protect many aspects of intimate sexual relations privately engaged in between consenting adults, a state may nevertheless constitutionally regulate and prohibit commercialized sexual activities, such as prostitution and solicitation.").

²⁷NRS 244.345 Dancing halls, escort services, entertainment by referral services and gambling games or devices; limitation on licensing of houses of prostitution.

1. Every natural person wishing to be employed as an entertainer for an entertainment by referral service and every natural person, firm, association of persons or corporation wishing to engage in the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city, must:

   (a) Make application to the license board of the county in which the employment or business is to be engaged in, for a county license of the kind desired. The application must be in a form prescribed by the regulations of the license board.
   (b) File the application with the required license fee with the county license collector, as provided in chapter 364 of NRS, who shall present the application to the license board at its next regular meeting.

Ê The board, in counties whose population is less than 400,000, may refer the petition to the sheriff, who shall report upon it at the following regular meeting of the board. In counties whose population is 400,000 or more, the board shall refer the petition to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the board at the next regular meeting of the board. The board shall at that meeting grant or refuse the license prayed for or enter any other order consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the county license collector may grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed pursuant to the provisions of chapter 269 of NRS, the license board has the exclusive power to license and regulate the employment and businesses mentioned in this subsection.

2. The board of county commissioners, and in a county whose population is less than 400,000, the sheriff of that county constitute the license board, and the county clerk or other person designated by the license board is the clerk thereof, in the respective counties of this state.
3. The license board may, without further compensation to the board or its clerk:

   (a) Fix, impose and collect license fees upon the employment and businesses mentioned in this section.
    (b) Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the licensee.
   (c) Adopt, amend and repeal regulations relating to licenses and licensees.
   (d) Restrict, revoke or suspend licenses for cause after hearing. In an emergency the board may issue an order for immediate suspension or limitation of a license, but the order must state the reason for suspension or limitation and afford the licensee a hearing.

4. The license board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or the licensing of the employment or businesses mentioned in this section. Notice of the hearing must be published in a newspaper published and having general circulation in the county at least once a week for 2 weeks before the hearing.
5. Upon adoption of new regulations the board shall designate their effective date, which may not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations must be available for public inspection during regular business hours at the office of the county clerk.
6. Except as otherwise provided in NRS 241.0355, a majority of the members constitutes a quorum for the transaction of business.
7. Any natural person, firm, association of persons or corporation who engages in the employment of any of the businesses mentioned in this section without first having obtained the license and paid the license fee as provided in this section is guilty of a misdemeanor.
8. In a county whose population is 400,000 or more, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any person for the purpose of prostitution.
9. As used in this section:

   (a) "Entertainer for an entertainment by referral service" means a natural person who is sent or referred for a fee to a hotel or motel room, home or other accommodation by an entertainment by referral service for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.

   (b) "Entertainment by referral service" means a person or group of persons who send or refer another person to a hotel or motel room, home or other accommodation for a fee in response to a telephone or other request for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.

²⁸Guy Louis Rocha, Presentation by Nevada State Archivist of the History of Prostitution in Nevada (August 4, 1999).

²⁹NRS 201.354 Engaging in prostitution or solicitation for prostitution: Penalty; exception.

1. It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.
2. Except as otherwise provided in subsection 3, any person who violates subsection 1 is guilty of a misdemeanor.
3. A person who violates subsection 1 by soliciting a child for prostitution is guilty of a category E felony and shall be punished as provided in NRS 193.130.

³⁰NAC 441A.800 Testing of prostitutes; prohibition of certain persons from employment as prostitute. (NRS 441A.120)

1. A person seeking employment as a prostitute in a licensed house of prostitution shall submit to the State Hygienic Laboratory in the Division or a medical laboratory licensed pursuant to chapter 652 of NRS and certified by the Health Care Financing Administration of the United States Department of Health and Human Services:

   (a) A sample of blood for a test to confirm the presence or absence of human immunodeficiency virus infection (HIV) and syphilis; and
   (b) A cervical specimen for a test to confirm the presence or absence of gonorrhea and Chlamydia trachomatis by culture or antigen detection or DNA probe.

2. A person must not be employed as a prostitute in a licensed house of prostitution until the State Hygienic Laboratory in the Division or a medical laboratory licensed pursuant to chapter 652 of NRS and certified by the Health Care Financing Administration of the United States Department of Health and Human Services has reported that the tests required pursuant to subsection 1 do not show the presence of infectious syphilis, gonorrhea, Chlamydia trachomatis or infection with the human immunodeficiency virus (HIV).
3. A person employed as a prostitute in a licensed house of prostitution shall submit to the State Hygienic Laboratory in the Division or a medical laboratory licensed pursuant to chapter 652 of NRS and certified by the Health Care Financing Administration of the United States Department of Health and Human Services:

   (a) Once each month, a sample of blood, identified by the name of the prostitute as it appears on her local work permit card, for a test to confirm the presence or absence of:
      (1) Infection with the human immunodeficiency virus (HIV); and
      (2) Syphilis.
   (b) Once each week, a cervical specimen, identified by the name of the prostitute as it appears on her local work permit card, for a test to confirm the presence or absence of gonorrhea and Chlamydia trachomatis by culture or antigen detection or DNA probe.

4. If a test required pursuant to this section shows the presence of infectious syphilis, gonorrhea, Chlamydia trachomatis or infection with the human immunodeficiency virus (HIV), the person shall immediately cease and desist from employment as a prostitute in a licensed house of prostitution.

³¹NAC 441A.805 Use of latex prophylactic required. (NRS 441A.120) A person employed as a prostitute in a licensed house of prostitution shall require each patron to wear and use a latex prophylactic while engaging in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person.

³²NRS 201.380 Restriction on location of houses of ill fame; penalty.

1. It shall be unlawful for any owner, or agent of any owner, or any other person to keep any house of ill fame, or to let or rent to any person whatever, for any length of time whatever, to be kept or used as a house of ill fame, or resort for the purposes of prostitution, any house, room or structure situated within 400 yards of any schoolhouse or schoolroom used by any public or common school in the State of Nevada, or within 400 yards of any church, edifice, building or structure erected for and used for devotional services or religious worship in this state.
2. Any person violating the provisions of subsection 1 shall be punished by a fine of not more than $500.

³³NRS 201.390 Property on principal business streets not to be rented for purposes of prostitution; penalty.

1. It is unlawful for any owner or agent of any owner or any other person to keep, let or rent for any length of time, or at all, any house fronting on the principal business street or thoroughfare of any of the towns of this state, for the purpose of prostitution or to make or use any entrance or exit way to any house of prostitution from the principal business street or thoroughfare of any of the towns of this state.
2. Any person violating the provisions of subsection 1 shall be punished by a fine of not more than $500.

³⁴NRS 201.430 Unlawful advertising of prostitution; penalties.

1. It is unlawful for any person engaged in conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise the unlawful conduct or any house of prostitution:

   (a) In any public theater, on the public streets of any city or town, or on any public highway; or
    (b) In any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.

2. It is unlawful for any person knowingly to prepare or print an advertisement concerning a house of prostitution not licensed for that purpose pursuant to NRS 244.345, or conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, in any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.
3. Inclusion in any display, handbill or publication of the address, location or telephone number of a house of prostitution or of identification of a means of transportation to such a house, or of directions telling how to obtain any such information, constitutes prima facie evidence of advertising for the purposes of this section.
4. Any person, company, association or corporation violating the provisions of this section shall be punished:

   (a) For the first violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
   (b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000.
   (c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.

Washington v. Clark County Liquor and Gaming Licensing Board, 100 Nev. 425, 429, 683 P.2d 31, 34 (1984) ("Under the specific provisions of [Clark County] Chapter 8.32.120(A) advertising clearly can be accomplished by way of telephone conversations . . . despite its one-to-one nature, the conversation nevertheless served to disseminate information to a member of the general public, thereby constituting advertisement for the purposes of this Chapter.).

³⁵NRS 201.360 Placing person in house of prostitution; penalties.

1. A person who:

   (a) Places another in the charge or custody of a third person with the intent that the other person engage in prostitution or who compels the other person to reside with him or with any third person for purposes of prostitution, or who compels another person to reside in a house of prostitution;
   (b) Asks or receives any compensation, gratuity or reward, or promise thereof, for or on account of placing in a house of prostitution or elsewhere a person for the purpose of causing that person to cohabit with someone who is not the person’s spouse;
   (c) Gives, offers or promises any compensation, gratuity or reward, to procure a person to engage in any act of prostitution in any house of prostitution, or elsewhere, against the person’s will;
   (d) Is the spouse, parent, guardian or other legal custodian of a person under the age of 18 and permits, connives at or consents to the minor’s being or remaining in any house of prostitution;
   (e) Lives with or accepts any earnings of a common prostitute, or entices or solicits a person to go to a house of prostitution to engage in sexual conduct with a common prostitute;
   (f) Decoys, entices, procures or in any manner induces a person to become a prostitute or to become an inmate of a house of prostitution, for purposes of prostitution, or for purposes of employment, or for any purpose whatever, when that person does not know that the house is one of prostitution; or
   (g) Decoys, entices, procures or in any manner induces a person, under the age of 21 years, to go into or visit, upon any pretext or for any purpose whatever, any house of ill fame or prostitution, or any room or place inhabited or frequented by any prostitute, or used for purposes of prostitution,
Ê is guilty of a felony.

2. A person who violates the provisions of subsection 1 shall be punished:

   (a) Where physical force or the immediate threat of physical force is used upon the other person, for a category C felony as provided in NRS 193.130.
   (b) Where no physical force or immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.

³⁶Barbara Brents & Kathryn Hausbeck, State-Sanctioned Sex: Negotiating Formal and Informal Regulatory Practices in Nevada Brothels, 44 Soc. Persp. 307, 324 (2001).

³⁷Prostitution in Nevada, Wikipedia.

³⁸Marshall Allen, New Era: Health authorities open brothels to male prostitutes, Las Vegas Sun (December 11, 2009).

³⁹If you’ve been arrested in California, our California criminal defense attorneys are here to help. Call our California criminal defense attorneys at 888-327-4652 for a free consultation.

⁴⁰Glegola v. State, 110 Nev. 344, 348, 871 P.2d 950, 952 (1994) ("After reviewing other state statutes, reviewing ordinances from counties within the state, and inferring the legislature's intent, we conclude that solicitation for prostitution is a general intent crime. A person commits the crime of solicitation for prostitution if the person offers, agrees, or arranges to provide sexual conduct for a fee.").

⁴¹People v. Love, 111 Cal.App.3d Supp. 1, 15 (1980). ("By contrast, the trial court's instruction that the specific intent required was "to communicate to another an offer of sex for money or other consideration" would make the crime of solicitation a general intent crime. Under the Hood, definition of the act would be accomplished and completed as soon as the words of solicitation were spoken. The "communication" of the offer is only one element of the crime and the trial court's definition thus leaves out an essential element of the offense. A defendant is not guilty of the offense unless he or she seriously intends to carry through by performing an act of prostitution. A mere speaking of the words of solicitation is not enough for conviction of this offense.")

⁴²Kim v. Superior Court, 136 Cal.App.4th 937, 941 (2006). ("The provision expanding section 647(b) to permit conviction for an agreement to engage in an act of prostitution was added by the Statutes of 1986, chapter 1276, section 1, pages 4457-4459 (Sen. Bill No. 2169). Senator David Roberti sponsored the bill on behalf of the City of Los Angeles. (Assem. Com. on Pub. Safety, Analysis on Sen. Bill No. 2169 (1985-1986 Reg. Sess.) as amended Aug. 11, 1986, p. 1.) At the time of the bill's introduction, unlike 24 other states with prohibitions against agreements to engage in lewd acts for money, California law barred only prostitution and its solicitation. ( Ibid.) According to the proponent, "most prostitutes kn[e]w that if they wait[ed] until a customer mention[ed] money or sex, and then simply approve[d] the conditions, they [could not] be found guilty of soliciting prostitution. Consequently, street-wise prostitutes rarely ‘solicit [ed]’ prostitution, and undercover officers posing as customers often [were] unable to make arrests for prostitution." ( Ibid.) The legislation was, therefore, "intended to give police another enforcement tool" on "prostitution laws that [were] difficult to enforce." ( Ibid.)")

⁴³Kim v. Superior Court, 136 Cal.App.4th 937, 942 (2006). ("Senate Bill 1276 initially prohibited only the agreement to engage in an act of prostitution. (Sen. Bill No. 2169 (1985-1986 Reg. Sess.) as introduced Feb. 20, 1986.) To minimize false arrests, entrapment and use of the entrapment defense, however, the bill was amended prior to passage to include the language requiring an act in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. (Sen. Bill No. 2169 (1985-1986 Reg. Sess.) as amended Aug. 11, 1986; Sen Com. on Judiciary, Analysis on Sen. Bill. 2169 (1985-1986 Reg. Sess.) as introduced Feb. 20, 1986, pp. 4-5; Assem. Com. on Pub. Safety, Analysis on Sen. Bill No. 2169 (1985-1986 Reg. Sess.) as introduced June 30, 1986, pp. 2-3; Assem. Com. on Pub. Safety, Analysis on Sen. Bill No. 2169 (1985-1986 Reg. Sess.) as amended Aug. 11, 1986, pp. 3-4.)")

⁴⁴ California Penal Code 647 -- Prostitution/solicitation. ("(k) In any accusatory pleading charging a violation of subdivision (b), if the defendant has been once previously convicted of a violation of that subdivision, the previous conviction shall be charged in the accusatory pleading. If the previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 45 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 45 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 45 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 45 days in confinement in a county jail.")

⁴⁵California Penal Code 647 -- Prostitution/solicitation. ("In any accusatory pleading charging a violation of [California Penal Code 647] subdivision (b) [prostitution/solicitation], if the defendant has been previously convicted two or more times of a violation of that subdivision, each of these previous convictions shall be charged in the accusatory pleading. If two or more of these previous convictions are found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or are admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 90 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 90 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 90 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 90 days in confinement in a county jail.")

⁴⁶California Penal Code 647 -- Prostitution/solicitation. ("In addition to any punishment prescribed by this section, a court may suspend, for not more than 30 days, the privilege of the person to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle Code for any violation of subdivision (b) that was committed within 1,000 feet of a private residence and with the use of a vehicle. In lieu of the suspension, the court may order a person's privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the person's place of employment or education. If driving a motor vehicle is necessary to perform the duties of the person's employment, the court may also allow the person to drive in that person's scope of employment.") )

⁴⁷Los Angeles Municipal Code 41.70 -- Nuisance vehicles – Prostitution. This code sets forth the requirements and procedures for seizing and forfeiting a car used in the commission of a prostitution offense.

⁴⁸8 U.S.C. § 1182(a)(2)(D)

⁴⁹INA § 237(a)(2)(A)

⁵⁰NRS 201.210 Open or gross lewdness; penalty.

1. A person who commits any act of open or gross lewdness is guilty:

   (a) For the first offense, of a gross misdemeanor.
   (b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

2. For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open or gross lewdness.

⁵¹NRS 201.220 Indecent or obscene exposure; penalty.

1. A person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty:

   (a) For the first offense, of a gross misdemeanor.
   (b) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

2. For the purposes of this section, the breast feeding of a child by the mother of the child does not constitute an act of open and indecent or obscene exposure of her body.

⁵²NRS 201.300 Pandering: Definition; penalties; exception.

1. A person who:

   (a) Induces, persuades, encourages, inveigles, entices or compels a person to become a prostitute or to continue to engage in prostitution;
   (b) By threats, violence or by any device or scheme, causes, induces, persuades, encourages, takes, places, harbors, inveigles or entices a person to become an inmate of a house of prostitution or assignation place, or any place where prostitution is practiced, encouraged or allowed;
   (c) By threats, violence, or by any device or scheme, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of prostitution;
   (d) By promises, threats, violence, or by any device or scheme, by fraud or artifice, by duress of person or goods, or abuse of any position of confidence or authority or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person of previous chaste character to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of sexual intercourse;
   (e) Takes or detains a person with the intent to compel the person by force, threats, menace or duress to marry him or any other person; or
   (f) Receives, gives or agrees to receive or give any money or thing of value for procuring or attempting to procure a person to become a prostitute or to come into this state or leave this state for the purpose of prostitution,
Ê is guilty of pandering.

2. A person who is found guilty of pandering:

   (a) An adult:
       (1) If physical force or the immediate threat of physical force is used upon the adult, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
       (2) If no physical force or immediate threat of physical force is used upon the adult, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
   (b) A child:
       (1) If physical force or the immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and may be further punished by a fine of not more than $20,000.
       (2) If no physical force or immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000.
       3. This section does not apply to the customer of a prostitute.

⁵³NRS 207.200 Unlawful trespass upon land; warning against trespassing.

1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who, under circumstances not amounting to a burglary:
   (a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or
   (b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass,
Ê is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 4.

2. A sufficient warning against trespassing, within the meaning of this section, is given by any of the following methods:
   (a) If the land is used for agricultural purposes or for herding or grazing livestock, by painting with fluorescent orange paint:
       (1) Not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:
          (I) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 1,000 feet; and
            (II) Each corner of the land, upon or near the boundary; and
       (2) Each side of all gates, cattle guards and openings that are designed to allow human ingress to the area;
   (b) If the land is not used in the manner specified in paragraph (a), by painting with fluorescent orange paint not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:
       (1) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 200 feet; and
       (2) Each corner of the land, upon or near the boundary; or
   (c) Fencing the area.

3. It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.
4. An entryman on land under the laws of the United States is an owner within the meaning of this section.
5. As used in this section, "fence" means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence. The term does not include a barrier made of barbed wire.

⁵⁴CCO 12.33.010 (Clark County, Nevada, Code) - Disorderly conduct.

It is unlawful for any person to engage in any of the following acts of disorderly conduct:
   (a) Participate in a fight;
   (b) Challenge another person to fight;
   (c) Use profane, indecent or obscene language in addressing another person;
   (d) Commit a breach of the peace;
   (e) Incite a disturbance;
   (f) Interfere with, annoy, accost or harass any other person which conduct by its nature would tend to incite a disturbance.

⁵⁵NRS 200.366 Sexual assault: Definition; penalties.

1. A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the will of the victim or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault.
2. Except as otherwise provided in subsections 3 and 4, a person who commits a sexual assault is guilty of a category A felony and shall be punished:

   (a) If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, by imprisonment in the state prison:
       (1) For life without the possibility of parole; or
       (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served.
   (b) If no substantial bodily harm to the victim results, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.

3. Except as otherwise provided in subsection 4, a person who commits a sexual assault against a child under the age of 16 years is guilty of a category A felony and shall be punished:

   (a) If the crime results in substantial bodily harm to the child, by imprisonment in the state prison for life without the possibility of parole.
   (b) Except as otherwise provided in paragraph (c), if the crime does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 25 years has been served.
   (c) If the crime is committed against a child under the age of 14 years and does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 35 years has been served.

4. A person who commits a sexual assault against a child under the age of 16 years and who has been previously convicted of:

   (a) A sexual assault pursuant to this section or any other sexual offense against a child; or
   (b) An offense committed in another jurisdiction that, if committed in this State, would constitute a sexual assault pursuant to this section or any other sexual offense against a child,
Ê is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.

5. For the purpose of this section, "other sexual offense against a child" means any act committed by an adult upon a child constituting:

   (a) Incest pursuant to NRS 201.180;
   (b) Lewdness with a child pursuant to NRS 201.230;
   (c) Sado-masochistic abuse pursuant to NRS 201.262; or
   (d) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony.

⁵⁶NRS 201.230 Lewdness with child under 14 years; penalties.

1. A person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child, is guilty of lewdness with a child.
2. Except as otherwise provided in subsection 3, a person who commits lewdness with a child is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and may be further punished by a fine of not more than $10,000.
3. A person who commits lewdness with a child and who has been previously convicted of:

   (a) Lewdness with a child pursuant to this section or any other sexual offense against a child; or
   (b) An offense committed in another jurisdiction that, if committed in this State, would constitute lewdness with a child pursuant to this section or any other sexual offense against a child,
Ê is guilty of a category A felony and shall be punished by imprisonment in the state prison for life without the possibility of parole.

4. For the purpose of this section, "other sexual offense against a child" has the meaning ascribed to it in subsection 5 of NRS 200.366.

⁵⁷NRS 200.368 Statutory sexual seduction: Penalties. Except under circumstances where a greater penalty is provided in NRS 201.540, a person who commits statutory sexual seduction shall be punished:

1. If he is 21 years of age or older, for a category C felony as provided in NRS 193.130.
2. If he is under the age of 21 years, for a gross misdemeanor.

⁵⁸NRS 200.380 Definition; penalty.

1. Robbery is the unlawful taking of personal property from the person of another, or in his presence, against his will, by means of force or violence or fear of injury, immediate or future, to his person or property, or the person or property of a member of his family, or of anyone in his company at the time of the robbery. A taking is by means of force or fear if force or fear is used to:

   (a) Obtain or retain possession of the property;
   (b) Prevent or overcome resistance to the taking; or
   (c) Facilitate escape.
Ê The degree of force used is immaterial if it is used to compel acquiescence to the taking of or escaping with the property. A taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear.

2. A person who commits robbery is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.

⁵⁹Refer to our information page on the Las Vegas bail process.

Nevada Criminal Law Explained.....